Indecent assault in Texas is a new and low-level offense compared to other sex-related crimes and can arise from relatively trivial acts. A misunderstanding about the degree of contact that was wanted or a joke that involved nudity can all be charged as indecent assault per the Texas Penal Code. However, the consequences are not trivial.
Indecent assault can be classified as a class A misdemeanor, state jail, or third-degree felony. All of these offenses carry a jail or prison sentence and high fines. An accusation of indecent assault is not a joking matter. Your future is on the line. You need the best indecent assault lawyers in Texas to proactively fight the accusations from day one.
At M|C Criminal Law, we worked as public prosecutors before we became criminal defense lawyers. We have an in-depth understanding of the laws governing sex-related crimes in Texas and how the police and prosecution may try to utilize them against our clients. We know how to defend against indecent assault accusations.
Contact us to explain the exact circumstances surrounding your case so that we can begin preparing a defense.
Indecent assault is a sex-related offense that was established in 2019 and involves unwanted physical contact of a sexual nature. Specifically, indecent assault in Texas Penal Code §22.012. is defined as:
“A person commits an offense if, without the other person’s consent and with the intent to arouse or gratify the sexual desire of any person, the person:
(1) touches the anus, breast, or any part of the genitals of another person;
(2) touches another person with the anus, breast, or any part of the genitals of any person;
(3) exposes or attempts to expose another person’s genitals, pubic area, anus, buttocks, or female areola; or
(4) causes another person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of any person.”
In layman’s terms, this offense is most similar to the acts of groping or grinding. Any of the acts listed above might constitute indecent assault, however, the acts themselves must be sexually motivated. For instance, if one person slaps the bottom of another person, pulls down their shirt, or runs in the nude down a street, it may or may not rise to the level of indecent assault.
For a successful conviction, the prosecution needs to prove that the intent behind these actions was to ‘arouse or gratify’ sexual desire – an indecent assault lawyer can use intent behind the actions as a basis for defense. On the other hand, that does not mean that a person who had done any of these or similar actions may not be prosecuted under a different statute, just that they may be innocent of indecent assault.
Indecent assault is a class A misdemeanor unless the offender has prior convictions or is a health care or mental care service provider and the crime was committed while they were working in their professional capacity. In these cases, indecent assault can be enhanced to a state jail or third-degree felony.
As a result, the penalties for indecent assault in Texas can be:
Even though indecent assault is a less serious charge than sexual assault, it is clear that the penalties are still very severe. If you are ever accused of indecent assault, you can’t take it lightly – you need to retain the services of an experienced indecent assault lawyer.
Knowing which defense to use is a skill that can only be developed with time. At M|C Criminal Law, we have over 30 years of combined legal experience as both high-level public prosecutors and, now, criminal defense lawyers. We know how to defend against indecent assault charges.
Depending on the circumstances of the case, we may challenge the prosecution’s evidence, raise doubts about the credibility of the witnesses, dispute whether the contact was non-consensual, or demonstrate that there was no sexual intent behind the actions. We may utilize these or a number of other defenses to get a dismissal or acquittal.
However, we first need to know your side of the story and do our own examination of the prosecution’s case. The sooner you reach out to our indecent assault lawyers, the sooner we can start preparing a defense. Contact us today and let’s get started.
